Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Rep. Tom Emmer Introduces Firearm Due Process Protection Act

Friday, April 22, 2016

Rep. Tom Emmer Introduces Firearm Due Process Protection Act

On Tuesday, Representative Tom Emmer (R-MN) introduced H.R. 4980, the Firearm Due Process Protection Act. This legislation is meant to ensure that eligible firearms purchasers are not arbitrarily denied their right to obtain firearms. The Act would afford those who are denied a firearm purchase by the National Instant Criminal Background Check System (NICS) an effective and expeditious means of correcting any misinformation that would erroneously cause such a result.

In January, we reported on the alarming news that the FBI had “temporarily” suspended work on processing appeals of denials issued by NICS. The backlog of pending appeals at the time stood at 7,100. As we noted in that article, FBI data from 2014 showed that some 5% of the denials rendered by NICS that year were later overturned on appeal, meaning 4,411 people who had initially been erroneously denied were later able to vindicate their rights.

Of course not every person who is wrongfully denied will necessarily wade through the considerable bureaucracy necessary to challenge that decision. And the FBI’s figures account only for NICS checks processed directly by the FBI and not by the 21 states that handle some or all of the firearm purchase background checks for their jurisdictions.  Thus, the actual number of wrongful denials is undoubtedly much higher.

Current law does provide for an appeal process, but it does not establish deadlines for action on appeals or provide consequences for the FBI’s failure to act on them. Even before the FBI stopped processing NICS appeals altogether, the turnaround time for a decision could stretch from several months to more than a year. 

Rep. Emmers bill would address these problems in several ways. First, it would require the government to make a final determination on an appeal within 60 days after it received information in support of the claim. If the matter was not resolved within this timeframe, the individual would have the right to bring an action in federal court for a declaratory judgment on the person’s eligibility to receive and possess a firearm; a hearing would have to be held within 30 days after the action is brought.

If the government cannot establish the individual’s ineligibility at the hearing, the court would be required to issue an order for the government to correct or remove the erroneous records of NICS within five business days and to award the individual attorney’s fees and costs for the action.

Due process is a fundamental pillar of the American constitutional system. The purpose of Rep. Emmer’s bill is not to weaken NICS but to ensure that it functions as intended, blocking only legally prohibited individuals and not those who are misidentified or the victim of other bureaucratic mistakes.

As Rep. Emmer stated in introducing the bill, “Two months is a reasonable amount of time to run a background check and correct false information. Above all, citizens must always have recourse when denied a fundamental right.”

The NRA commends Rep. Emmer’s leadership in this important effort and urges swift consideration of the bill by the U.S. House of Representatives.

TRENDING NOW
Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tuesday, January 27, 2026

New Mexico: Anti-Gun Legislation to be heard Wednesday in Senate Committee

Tomorrow, the New Mexico Senate Health & Public Affairs Committee is scheduled to hold a hearing on an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten ...

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.